During the last 30 years there’s been a series of recurring themes when it comes to the topic of legal careers and lawyers optimizing their potential in practice. For them to be rewarded from vigilance and openness to opportunity and by doing then experiencing due recognition to be derived from attentively managing their career. The return on investment during the paper chase to ultimately being conferred their Law Degree and the blood, sweat and tears which go with it.
Only a lawyer knows that journey.
When it comes to career matters and managing their career – the lawyers’ mantra should be:
“If it’s going to be – it’s up to me”.
Once the decision is made to be proactive, considered and open minded to the possibilities from the market the next step is to collaborate with a trusted and legal industry recruitment adviser who will help you navigate the process; deliver objectivity; avoid the pitfalls; assist with your making a considered and fully informed decision; will respect and retain the confidentialities, proximities and sensitivities associated with the process; short list aligned options for your assessment; and ultimately arrive at the best or optimal career move decision.
There’s more to conducting the process, and effectively so than meets the eye.
Since the Global Financial Crisis followed by COVID 19 the impact on the legal services provider landscape has resulted in there being more legal services business models to choose from for practice purposes than at any time in the history of legal practice.
The beneficiaries of these 2 global adversities giving rise to a vast array of opportunities are:-
- Lawyers for having more career and employer choices in the market along with the new breed of legal services business models especially at the business owner/equity/Partner level from which to choose where to practice; and
- Clients requiring legal services and the luxury of choice among the providers for deciding where their legal work will be performed. Clients are enjoying more diversity and alternatives including pricing/costing models than ever before.
For those lawyers open to improving their career from the market they must accept the ideal opportunity isn’t always immediately available. Patience is key.
The reward from taking on the challenge with some calculated risk; investing time; and displaying the courage to question the current status quo regardless of the risk associated with the process is ultimately a professionally fulfilling and gratifying outcome.
To borrow from the age-old expression: “there’s no reward without risk”. Managing one’s career is no different.
In no particular order of importance a selection of factors when deciding from where to practice include:-
- What are the motivators for the decision to transition elsewhere?
- Will the move benefit clients and your team members if they were to follow you?
- Does the new “brand” at the next organization resonate/relate well with your clients?
- Exactly what type of work is to be conducted?
- If you’re moving to another law firm – what’s the nature and structure of the legal services model and how does your practice return when via a simulating of practice metrics/figures with figures e.g. fees under management simulated hypothetically into the alternative business model to make an assessment of comparable terms – are the returns the same as the status quo, improved or worse?
- Have you conferred with those clients who repose their trust, confidence and loyalty in you such that their new instructions will be given to you?
Our experience is it’s the lawyer’s client and no one, nor nothing else which determines the lawyer or lawyers to be instructed on their new matters.
Ultimately clients instruct lawyers who are people rather than reply on inanimate considerations such as a firm’s brand which no longer dictates their decisions.
Gone are the days when establishment firms shared all the corporate and commercial clients among a select enclave. The volume of work is no longer there compared to what it was pre- GFC to warrant the number of these firms. These firms were doing exceptionally well operating under the traditional partnership model. The GFC disrupted all that.
Furthermore, clients generally respect and appreciate being conferred with over decisions involving where their lawyer is choosing to practice so they can assess what’s in it for them, if there are conflicts of interest to be assessed along with respecting their lawyer having chosen to practice from where it’s best for them, their clients and their people.
Upside in a move from a client’s perspective should never be underestimated. It remains vital to an effective transition and managing the expectations that go with it.
This isn’t a recommendation to ignore enforceable restraints when making a move.
It is however the clients’ decision as to which lawyers they choose to instruct and where.
They prefer to not be drawn into a who gets their business and sandwiched in some senseless tug of war. They’ve decided where and by whom their legal requirements will be serviced.
- Is there scope for your clients to be better serviced with additional and complementary legal expertise at the new firm and how will you and the additional services available from new colleagues benefit the transitioning lawyer in conjunction with their clients?
- Have you conducted due diligence on the new firm based on the level at which you would be transitioning?
Understandably, an equity Partner appointment involves more rigour in the assessment process than would say an Associate level appointment.
- At Partner level, quid pro quo – there’ll be reciprocated due diligence exercised on a proposed incoming Partner, their practice and people following.
You may not wish to become a Partner at a prospective new Partnership which displays scant attention to the business case for supporting Partner level lateral appointments which could end in disaster. Consequently, the due diligence process is to be respected rather than resisted.
- Will any conflicts of interest adversely impact you, your team members or your clients?
- Is there a mandate to appoint someone with your expertise and capabilities, or is there direct duplication of capabilities which may result in the senseless “cannibalizing” of clients and their work?
- Is there a values and socio related alignment at both the macro/organizational level as well as more pertinently – at the micro/divisional level at the new firm?
- What’s the notice required?
At Partner level, moves commonly coincide with the end of a financial year for commercial convenience or determined by the notice period required according to an employment agreement, Partnership deed or Partnership agreement.
At Partner level this can vary from immediately with no notice upon tendering resignation; and from 6 months to 12 months based on the enforceability of any restraints.
What’s ultimately enforceable is determined before the Courts.
We seldom see it reach that stage because of the unforeseen risks.
Reality and common-sense usually dictate that if someone wishes to leave for elsewhere with or without a firms’ blessing then why try and retain or detain them? Their loyal clients will have decided what they’re doing in any event.
Such is the pragmatism and confidence of some firms we conduct business with at FOCUS that they’ve no formal or informal restraints whatsoever at Partner level. They simply accept and respect if a lawyer, the clients wishing to instruct them and the lawyer’s team members to follow them have decided to be elsewhere then why try and thwart their intentions? It can only but backfire.
- What’s the timing?
There’s never a perfect time to make the move. Demands of clients and colleagues will always be present to prevent actioning a transition.
Better to get busy and embark on the process to manage the move; make an informed, correct and compelling decision on the new firm; and undertake the journey and then do so on your terms to benefit your career, clients and team members rather than be neglectful or tardy and make the wrong move only to arrive at a sub-optimal or regretful outcome only to be compromised by moving on the terms of others rather than your own.
The final analysis:
When it comes to managing one’s legal career are you:-
- Moving up and properly so;
- Going sideways and spinning your wheels stuck in neutral gear; or
- Sliding slowly down the ladder?
You have the power to choose – FOCUS Legal Recruitment & Executive Search has advised lawyers on confidential career moves and helping them choose wisely for 30 years.
Ian Dhu
Ian Dhu is an Executive Director at FOCUS Legal Recruitment & Executive Search.
Ian has a proven and extensive record of successfully advising lawyers to Equity Partner level on making astute career and business decisions for over 30 years.
Independent testimonials to evidence such successful strategic lateral moves are available upon request.
You’re invited to contact Ian at:
